W. Va. Code R. § 61-38-13

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 61-38-13 - Sampling

13.1. All sampling shall be performed in consultation with the WVDA. The WVDA allows the distribution of samples at Farmers Markets provided that:

13.1.a. The farmers market ensures that vendors are following the guidance established in the West Virginia Farmers Market Vendor Guide and

13.1.b. A representative of the farmers market participates in a WVDA-approved training course identified in subsection 8.4 of this rule on an annual basis.

13.2. Sampling stations for foods shall minimally ensure the following, with additional information available in the West Virginia Farmers Market Vendor Guide:

13.2.a. A hand washing station should be easily accessible for all food handlers;

13.2.b. Sanitary procedures are followed;

13.2.c. Proper food storage temperatures are maintained;

13.2.d. Appropriate tools for dispensing samples are used;

13.2.e. Adequate trash receptacles are available for trash generated from sampling and should be covered and emptied frequently; and

13.2.f. Samples are not exposed to environmental contaminants or pests.

13.3. A vendor is subject to food collection and inspection by the WVDA if a consumer complaint has been received. A vendor is subject to food sampling and inspection by the local health department in the jurisdiction in which the farmers market is located if the local health department determines that the vendor's food product is misbranded or adulterated, or if a consumer complaint has been received: Provided, That all sampling and inspection shall be performed in consultation with the Department of Agriculture.

13.4. For the purpose of this rule, chef demonstrations at markets and food prepared during these events are considered samples and must be served in an approved manner.

W. Va. Code R. § 61-38-13